The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1887-03-05

lCdllNNl lllS lNNllllINGillIAS, W lItAl oO'iiS
would call the tricks, Ct the profession.
The sleIght of plea and demurrer, the
legerdemain by which Justice is baked
and a weak case is made to gain an I'M
fair advantage, was too subtle and
shfty for his strong and straightforward
intelligence. He met these mannuvres
sufficiently well, when praCtiCed by
others. but he never could get in the
way of handling them tor himself. On
the wrong side he was always weak.
He knew tn himself, and avoided such
cases when he could consistently with
the rules of his profession. He would
often persuade a fair minded litigant of
the injustice of his case and induce him
to give it up. His partner, MIR. Hern-
don, relates a speech in point which
Lincoln once made to a man who
offered him an obi .ctionable case ::
"les. there Is no reasonable doubt but
that | can gain your case for you. |
can set whole neighborhood at logger
heads | can distress a widowed mother
and her six fatherless children, and
thereby get for you six hundred dollars,
which righttul!y belongs, it appears to
me, as much to them as it does to you.
shall not take your case, but | will
give a little advice for nothing. You
seem sprightly, energetic man. |
would advise you to try your hand at
making six hundred dollars in some
other way" Sometimes, after he had
entered upon criminal case, the con-
vction that his client was guilty would
affect him with a sort of panic. On one
occasion he turned suddenly to his
associate and said, "Swett, the man is
guilty you defend him, can't" and
so gave up his share of large fee. The
same thing happened at another time
when he was engaged, with Judge 5. e..
Parks, in defending man accused OF
larceny. He said, "If YOU can say any
thing for the man, do it, | can't; if |
attempt it, the jury will see | think he
is guilty, and convict him." Once he
was prosecuting a civil suit, in the
course OF which evidence was intro
duced showing that his client was at
tempting a fraud. Lincoln rose and
went to his hotel in deep disgust. The
Judge sent for him; he refused TO
come. Tell the Judge" he said,
my hands are dirty l came over to
wash them" We are aware that these
stories detract something from the
character OF the lawyer but this ihteX
IDLE, announcement, and tastidious NOR
ality was to be OF vast service hereafter
to his country and the world
The Nemesis which waits upon men
of extraordinary wit or humor has not
neglected Mr.. Lincoln. and the young
lawyers of Illinois, who never knew
him. have an endless store of Jokes and
pleasantreS in his name: some of them
as old as Howleglass and Rabelais.
But the fact is that with all his stories
and tests, his frank Companionable
humor, his gift of easy accessibility and
welcome, he was, even while he trav
eled the Eighth Circuit, a man Of grave
and serious temper and of an unusual
innate dignity and reserve. He had
few or no special intimates, and there
was line beyond which no one ever
thought Of passing. Besides, he was
too strong a man in the courtroom to
be regarded with anything but respect
in a community in which legal ability
was the only especial mark of diStinc-
ton. Few of his forensic speeches
have been preserved, but his Contem-
pOraries all agree as to their ability and
and power. He seemed absolutely at
home in a court room his great stature
did not cucumber him there It seemed
like a natural symbol of superiority.
HIS bearing and gesticulations had no
awkwardness about them they were
simply striking and original. He as
sumed at the start frank and friendly
relation with the jury which was ex-
tremely effective. He usually began,
as the phrase ran, by giving away his
case ;" by allowing to the opposite side
every possible advantage that they could
honestly and justly claim. Then he
would present his own side of the case,
with a clearness, a candor, an adrolt-
ness of statement which at once fat
tered and convinced the Jury, and made
even the bystanders his partisans.
Sometimes he disturbed the court with
laughter by his humorous or apt Illus
tratiOnS sometimes he excited the
audience by that ford and exuberant
rhetoric which he knew well enough
how and when to indulge in; but his
more usual and more successful manner
was to rely upon a clear, strong, lucid
statement, keeping details i'll proper
subordination and bring forward, in a
wav which fastened the attention OF
court and jury alike, the essential point
on which he claimed a decision. la
deed says one of his colleagues, his
statement often rendered argument I'M
necessary, and often the court would
stop him and say, elf that is the case,
we will hear the other side"
Whatever doubts might be enter
tanned as to whether he was the ablest
lawyer on the circuit, there was never
any dissent from the opinion that he
was the one most cordially and univer-
sally liked. If he did not himself enjoy
his full share of the happiness of life,